Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per the case facts, a company's property, including land, building, and plant & machinery, was sold in an auction. The dispute arose regarding stamp duty and whether the plant
...and machinery should be considered immovable property for valuation, and if the purchaser was entitled to certain exemptions. The reason for the appeal to the Supreme Court was to clarify the valuation of the property, specifically regarding plant and machinery as immovable property, and the applicability of stamp duty exemptions. The question arose whether plant and machinery should be considered immovable property for the purpose of stamp duty and whether the purchaser was entitled to the benefit of specific stamp duty exemptions. Finally, the Supreme Court allowed the appeal in part, setting aside the impugned judgment and restoring the learned Single Judge's judgment with a modification. The Court ruled that the second appellant (the authority) should ascertain the value of plant and machinery based on it being an immovable property as understood in law. It also directed the second appellant to consider whether the first respondent was entitled to the benefit of the stamp duty exemption, and to provide it if legally applicable. This clarifies that plant and machinery, when
Legal Notes
Add a Note....